report
Animal Welfare Institute
Legal Protections for
Nonambulatory (or “Downed”)
Animals
FEDERAL LAW
For decades, animal advocates have urged federal agriculture officials and members of Congress to enact
legal protections to provide for the humane treatment of nonambulatory animals during transport1 and
at market facilities and slaughterhouses. As part of the Farm Security and Rural Investment Act of 2002,
Congress directed the secretary of agriculture to investigate and submit to Congress a report on the
problem of nonambulatory animals. The report was to include the scope of nonambulatory animals, the
causes that render animals nonambulatory, the humane treatment of nonambulatory animals, and the
extent to which nonambulatory animals may present handling problems at market facilities.
To our knowledge, Congress never received such a report, although the US Department of Agriculture
(USDA) did complete an estimate of the number of nonambulatory cattle, sheep and goats.2 TheFarm
Security and Rural Investment Act also granted the USDA the authority to enact regulations “to provide
for the humane treatment, handling, and disposition of nonambulatory livestock by stockyards, market
agencies, and dealers.” 3
In early 2004, following the discovery in December 2003 of bovine spongiform encephalopathy (BSE
or “mad cow disease”) in a downed dairy cow in Washington state, the USDA issued an interim final
regulation requiring that all nonambulatory disabled cattle presented for slaughter be condemned and
deemed inappropriate for human consumption.4 However, the regulation included a loophole allowing
USDA personnel to determine the disposition, on a case-by-case basis, of cattle who went down after
passing a pre-slaughter veterinary inspection. This permitted some downed cows to continue to enter
the food supply, despite public opinion polls showing strong public disapproval of the practice of
slaughtering downed animals.
In 2006, the USDA Office of Inspector General (OIG) criticized the loophole, saying that continuing
to allow some nonambulatory animals to be slaughtered was “inconsistent with both published
regulations and public policy announcements.”5 The OIG documented 29 downer cattle slaughtered for
food at 2 of 12 slaughter plants audited during a 10-month period. The OIG could find no documentation
of acute injuries or fitness for consumption for these animals. In July 2007, the USDA codified the
downer loophole in a final rule.6
In May 2008, following an incident involving the inhumane handling of downed cows at a slaughter plant
in California, the agency reversed its position and proposed to eliminate the exception in its ban on the
slaughter of nonambulatory cattle, which was eventually finalized and became effective April 17, 2009.7 A
loophole still existed, however. Young calves “unable to rise from a recumbent position and walk because
they are tired or cold” could be held for slaughter.8 Because slaughter of these animals was permitted,
slaughter plants had an incentive to get downed calves to rise, sometimes employing inhumane methods
like kicking and the use of electrical prods. One slaughter plant in Vermont was suspended four times
during 2009 for its inhumane handling of nonambulatory week-old calves.9
In February 2011 the USDA published a request for comments
federal law, they cover all species of animals typically raised for
on two citizen rulemaking petitions the department received
food.16 There are a number of serious weaknesses in the laws,
regarding the treatment of downed animals—one would remove
however, and as a result, the protection they offer is limited.
the loophole regarding young calves and the other would apply
For example, some of the laws do not prohibit the marketing of
the current prohibition on the slaughter of nonambulatory cattle
nonambulatory animals, and some don’t require that downed
to other species, including pigs, sheep, and goats. In March
animals be either promptly treated or humanely euthanized.
2013, the USDA announced that it would grant the first petition
In addition, not all of the laws prohibit inhumane handling
requesting that the department remove the regulatory provision
practices, such as pushing animals with equipment or dragging
allowing nonambulatory disabled veal calves to be held for
an animal by the neck or an extremity.
10
possible slaughter. Also in March 2013, the USDA denied
11
the second downer petition requesting that the department
RECOMMENDED STANDARDS
amend its antemortem inspection regulations to require that
With the goal of minimizing animal suffering, the Animal
all nonambulatory animals be condemned and promptly and
Welfare Institute (AWI) offers the following recommended
humanely euthanized. Several animal advocacy organizations
legal standards for the treatment of nonambulatory animals:
12
submitted yet another rulemaking petition in June 2014, this
one to prohibit the slaughter of nonambulatory disabled pigs.13
On a farm or feedlot
‐‐ If an animal becomes nonambulatory but continues to
In May 2015, the USDA finally published a proposed rule
eat and drink, the producer shall provide food, water,
removing the antemortem inspection provision that allows
and shelter and contact a veterinarian to determine the
slaughter establishments to set apart and hold for treatment
appropriate course of action. If the animal’s condition
nonambulatory veal calves. Under the proposed rule, downed
is obviously irreversible, the animal shall be humanely
calves offered for slaughter would be condemned and promptly
euthanized. In proposing the rule change, the USDA noted
euthanized.
‐‐ Before transport off the farm or feedlot, the producer shall
that prohibiting the slaughter of downed calves would improve
evaluate each animal’s fitness to travel. Nonambulatory
compliance with the Humane Methods of Slaughter Act and
animals shall not be moved off the premises unless for the
its regulations. The rule was finalized in July 2016, at which
purpose of receiving veterinary treatment.
14
time the USDA also amended a provision of the Federal Meat
‐‐ The following animals at high risk for becoming
Inspection Act regulations that animal welfare advocates had
nonambulatory shall not be transported off the farm
feared could provide a loophole to the downer veal calf ban. The
unless for the purpose of treatment: pregnant females
provision, which restricted antemortem inspection to animals
for whom 90 percent or more of the expected gestation
in pens, could have allowed downed veal calves on trucks to
period has passed, females who have given birth in the
be set aside and offered for antemortem inspection at a later
previous week, pigs of less than three weeks, lambs of less
time. The USDA revised the regulation to allow antemortem
than one week, and calves of less than ten days of age.
inspection to take place on trucks, as well as in holding pens.
15
At a market or auction
In conclusion, there are currently no federal laws governing
the treatment of nonambulatory animals at market or
during transport. Although a federal ban on the slaughter of
nonambulatory animals is in place, it applies only to cattle. A
petition to extend the ban to pigs is pending.
‐‐ All markets shall train employees in proper animal care
and handling.
‐‐ All animals received at market facilities shall be assessed
for fitness by a licensed veterinarian, and nonambulatory
animals shall not be accepted for marketing.
‐‐ A nonambulatory animal may be unloaded at a market
STATE LAW
for the purpose of euthanasia if the procedure cannot be
Over the past two decades, several states have passed laws
safely performed on the transport vehicle.
and/or regulations governing the treatment of nonambulatory
‐‐ All markets shall have written policies, procedures, and
animals. For the most part, these laws address the handling
equipment in place to handle animals that become
of downed animals at markets or auctions, and, unlike the
nonambulatory after delivery to the facility.
AN I M AL WEL FAR E I NS TI TUTE - PAG E 2­­­­­­
‐‐ Animals becoming nonambulatory on the grounds of
a livestock market shall be humanely euthanized or
The federal law governing transport only limits the length of time that an animal
may be transported before food, water, and rest must be provided. The law does
not address any other transport-related conditions. See 49 U.S.C. § 80502.
provided with treatment as prescribed by a licensed
2
veterinarian without delay.
At a slaughterhouse
‐‐ Nonambulatory animals shall not be accepted for
slaughter; however, a nonambulatory animal may be
unloaded at a slaughter establishment for the purpose of
euthanasia if the procedure cannot be safely performed on
the transport vehicle.
‐‐ Animals that arrive at a slaughter establishment in a
nonambulatory condition, or who go down after arrival,
shall be euthanized immediately and not taken to
slaughter.
1
USDA National Agricultural Statistics Service, Nonambulatory Cattle & Calves,
May 5, 2005; USDA National Agricultural Statistics Service, Nonambulatory
Sheep & Goats, May 4, 2006.
3
7 U.S.C. § 1907(b).
4
Federal Register, Vol. 69, 1/12/04, p. 1861.
USDA Office of Inspector General, Audit Report: APHIS Bovine Spongiform
Encephalopathy (BSE) Surveillance Program – Phase II & FSIS Controls Over BSE
Sampling, Specified Risk Materials, and Advanced Meat Recovery Products –
Phase III, January 2006.
5
6
Federal Register, Vol. 72, 7/13/07, p. 38729.
7
Federal Register, Vol. 74, 3/18/09, p. 11463.
8
7 U.S.C. § 309.13(b).
See USDA Food Safety and Inspection Service, Quarterly Enforcement Reports,
http://www.fsis.usda.gov/wps/portal/fsis/topics/regulatory-compliance/
regulatory-enforcement/quarterly-enforcement-reports/qer-index.
9
10
Federal Register, Vol. 76, 2/7/11, p. 6572.
See USDA Food Safety and Inspection Service, Petitions, http://www.fsis.usda.
gov/wps/portal/fsis/topics/regulations/petitions.
11
At all times
‐‐ Nonambulatory animals shall be segregated from
ambulatory animals to prevent injury.
‐‐ Under no circumstances shall a nonambulatory animal be
thrown, dragged, or pulled by the neck or other extremity,
or pushed with equipment, but shall be moved with a
sling or on a stoneboat or other sled-like or wheeled
conveyance.
‐‐ Euthanasia, if required, shall be performed by a competent
and trained individual by a single blow of a penetrating
captive bolt or gunshot, or by chemical means that
12
Ibid.
See https://awionline.org/sites/default/files/uploads/documents/fanadpigpetition-062014.pdf.
13
14
Federal Register, Vol. 80, No. 92, May 13, 2015.
15
Federal Register, Vol. 81, No. 137, July 18, 2016.
In 2012 the US Supreme Court struck down certain provisions of California’s
downed animal law dealing with the handling of nonambulatory pigs at federally
inspected slaughterhouses and the sale of nonambulatory pigs on the premises of
federally inspected slaughterhouses, arguing that the California law is preempted
by the Federal Meat Inspection Act (National Meat Association v. Harris, Attorney
General of California, et al.). As a consequence, restricting the slaughter of
nonambulatory animals other than cattle at federally inspected slaughterhouses
will require amendment of the FMIA through federal legislation or regulation.
16
immediately renders the animal unconscious with
complete unconsciousness persisting until death.
12/16
AN I MAL WEL FAR E I NS TI TUTE - PAG E 3­­­­­­
AWI has analyzed existing state laws governing the handling of nonambulatory animals, using the recommended standards above.
The results are presented in the table below (no relevant laws were found for the states not listed):
State
California
Statute/Regulation
Cal Pen Code 599f
Definition of
Nonambulatory
Unable to stand and walk without assistance
Animals Covered
Cattle, swine, sheep, or goats
‐‐ No slaughterhouse, stockyard, auction, market agency, or dealer shall buy, sell, or receive a nonambulatory
animal.*
‐‐ No slaughterhouse shall hold a nonambulatory animal without taking immediate action to humanely euthanize
the animal.*
Included Protections
‐‐ No stockyard, auction, market agency, or dealer shall hold a nonambulatory animal without taking immediate
action to humanely euthanize the animal or to provide immediate veterinary treatment.
‐‐ While in transit or on the premises of a stockyard, auction, market agency, dealer, or slaughterhouse, a
nonambulatory animal may not be dragged at any time, or pushed with equipment at any time, but shall be
moved with a sling or on a stoneboat or other sled-like or wheeled conveyance.*
‐‐ No person shall accept a nonambulatory animal for transport or delivery to a slaughterhouse, stockyard,
auction, market agency, or dealer.*
‐‐ Euthanasia shall be performed by a mechanical, chemical, or electrical means that rapidly and effectively
renders the animal insensitive to pain.
*Application of this provision to animals other than cattle when on the grounds of a federal slaughterhouse, or to
animals other than cattle for sale at a federal slaughterhouse, was voided by a January 2012 US Supreme Court
decision.
Omitted Protections
‐‐ No provision for unloading nonambulatory animals for purpose of euthanasia
‐‐ No requirement that markets have written policies and equipment to handle nonambulatory animals
‐‐ No requirement that nonambulatory animals be segregated
Grade
B
State
Colorado
Statute/Regulation
CRS 35-55-113, 8 CCR 1201-13
Definition of
Nonambulatory
Unable to rise to its feet and walk with minimal stimulus
Animals Covered
Horses, mules, cattle, burros, swine, sheep, goats, poultry, alternative livestock as defined in 35-41.5-102(1), and
any other animal presented to the market for sale
AN I M AL WEL FAR E I NS TI TUTE - PAG E 4­­­­­­
Included Protections
‐‐ All livestock consigned and delivered on the premises of any licensed public livestock market, before being
offered for sale, shall be inspected by an authorized veterinarian of the Colorado Department of Agriculture.
‐‐ No animal may be sold or offered for sale at a public livestock market if the animal is injured, disabled,
or diseased beyond recovery, or if such injury or disease permanently renders the animal unfit for human
consumption. This subsection includes, but is not limited to, any animal with severe neoplasia, any animal that
is unable to rise to its feet by itself, and any animal with obviously fractured long bones.
‐‐ If, in the judgment of an authorized veterinarian of the department, an animal presented at a public livestock
market is injured, disabled, or diseased beyond recovery, the veterinarian shall humanely euthanize the animal
or direct the consignor to immediately remove the animal from the premises of the public livestock market. All
expenses incurred for euthanasia and disposal of an animal are the responsibility of the consignor.
‐‐ The cost of euthanasia shall be determined annually by the commissioner and posted at the livestock sale
market and at the Colorado Department of Agriculture. Said cost shall be borne by the owner.
Omitted Protections
‐‐
‐‐
‐‐
‐‐
‐‐
Grade
D
State
Florida
Statute/Regulation
Fla. Stat. 828.252
Definition of
Nonambulatory
Unable to stand and walk unassisted
Animals Covered
Cattle, calves, sheep, swine, horses, mules, goats, ostriches, rheas, emus, and any other domestic animal that can or
may be used in the preparation of animal products, not including poultry and aquatic species
Included Protections
‐‐ A person may not buy, sell, give, receive, transfer, market, hold without providing proper care within 24 hours,
or drag any nonambulatory animal unless the animal has been humanely euthanized, except in cases where
providing proper care requires that the animal be moved.
Omitted Protections
‐‐
‐‐
‐‐
‐‐
‐‐
‐‐
Grade
F
No requirement that markets have written policies and equipment to handle nonambulatory animals
No prohibition on transporting nonambulatory animals to slaughter
No requirement that nonambulatory animals be segregated
No prohibition on the dragging of conscious downed animals
No description of acceptable euthanasia methods
No prohibition on accepting nonambulatory animals for marketing
No requirement that markets have written policies and equipment to handle nonambulatory animals
No requirement that nonambulatory animals be promptly and humanely euthanized or treated
No prohibition on transporting nonambulatory animals to slaughter
No requirement that nonambulatory animals be segregated
No description of acceptable euthanasia methods
AN I M AL WEL FAR E I NS TI TUTE - PAG E 5­­­­­­
State
Illinois
Statute/Regulation
510 ILCS 70/7.5
Definition of
Nonambulatory
Incapable of walking without assistance
Animals Covered
Any animal
Included Protections
‐‐ No downed animal shall be sent to a stockyard, auction, or other facility where its impaired mobility may result
in suffering. An injured animal may be sent directly to a slaughter facility.
‐‐ A downed animal sent to a stockyard, auction, or other facility in violation of [Section 7.5] shall be humanely
euthanized, the disposition of such animal shall be the responsibility of the owner, and the owner shall be liable
for any expense incurred.
‐‐ If an animal becomes downed in transit it shall be the responsibility of the carrier.
‐‐ A downed animal shall not be transported unless individually segregated.
Omitted Protections
‐‐
‐‐
‐‐
‐‐
‐‐
Grade
D
No requirement that markets have written policies and equipment to handle nonambulatory animals
No prohibition on transporting nonambulatory animals to slaughter
No requirement that nonambulatory animals be segregated
No prohibition on the dragging of conscious downed animal
No description of acceptable euthanasia methods
State
Indiana
Statute/Regulation
345 IAC 7-3.5-16
Definition of
Nonambulatory
Unable to stand or walk without assistance
Animals Covered
Domestic animals, except aquatic animals, fish, dogs, cats, poultry and other birds; however, includes ratites that
are domestic animals
Included Protections
‐‐ Market facilities in Indiana may not accept delivery of nonambulatory livestock. Market facilities in Indiana
may unload nonambulatory livestock for the purpose of euthanizing the livestock at the market facility. Market
facilities must have written policies, procedures, and equipment in place to handle animals that become
nonambulatory after delivery to the market facility. Livestock that becomes nonambulatory after arriving at
a market facility must be disposed of within twenty-four (24) hours of discovering or receiving notice of the
animal’s condition.
Omitted Protections
‐‐
‐‐
‐‐
‐‐
‐‐
Grade
D
No requirement that nonambulatory animals be promptly euthanized or treated
No prohibition on transporting nonambulatory animals to slaughter
No requirement that nonambulatory animals be segregated
No prohibition on the dragging of conscious downed animals
No description of acceptable euthanasia methods
AN I M AL WEL FAR E I NS TI TUTE - PAG E 6­­­­­­
State
Kansas
Statute/Regulation
KSA 47-1008
Definition of
Nonambulatory
Unable to rise to its feet by itself
Animals Covered
Cattle, swine, sheep, goats, horses, mules, domesticated deer, and all creatures of the ratite family that are not
indigenous to the state
Included Protections
‐‐ All livestock consigned and delivered on the premises of any public market, before being offered for sale, shall be
inspected by a veterinarian.
‐‐ If in the opinion of an accredited veterinarian an animal is unable to rise to its feet by itself the vet shall
euthanize humanely the livestock or direct the consignor to immediately remove the livestock from premises of
the market.
‐‐ All expenses incurred for euthanasia and disposal of the livestock shall be the responsibility of the consignor.
Omitted Protections
‐‐
‐‐
‐‐
‐‐
‐‐
Grade
D
State
Kentucky
Statute/Regulation
302 KAR 21:020
Definition of
Nonambulatory
Being unable to rise from a recumbent position or being unable to walk
Animals Covered
Livestock and poultry
Included Protections
‐‐ The responsible party must provide appropriate protection from other animals, predators, and weather
extremes as required by the condition of the animal.
‐‐ The animals must have access to water, and if maintained longer than twenty-four hours, access to feed.
‐‐ Handling and moving of the animal must be done in a way that minimizes the risk of additional distress.
‐‐ The animal can only be loaded for transport to a terminal market or for treatment
‐‐ If the animal is in severe distress with an irreversible condition it must be euthanized.
Omitted Protections
‐‐
‐‐
‐‐
‐‐
‐‐
‐‐
Grade
D
No requirement that markets have written policies and equipment to handle nonambulatory animals
No prohibition on transporting nonambulatory animals to slaughter
No requirement that nonambulatory animals be segregated
No prohibition on the dragging of conscious downed animals
No description of acceptable euthanasia methods
No requirement that animals becoming nonambulatory at market be promptly euthanized or treated
No prohibition on the dragging of conscious downed animals
No description of acceptable euthanasia methods
No provision for unloading nonambulatory animals for purpose of euthanasia
No requirement that markets have written policies and equipment to handle nonambulatory animals
No prohibition on accepting nonambulatory animals for marketing
AN I M AL WEL FAR E I NS TI TUTE - PAG E 7­­­­­­
State
Maryland
Statute/Regulation
15.11.17.03
Definition of
Nonambulatory
Unable to rise even with assistance; also, livestock, which, after being assisted to rise, cannot stand and walk
without assistance
Animals Covered
Cattle, swine, sheep, horses, asses, mules, or goats
Included Protections
‐‐ An operator of a livestock market may not accept downers for sale at its markets. In the case of livestock that
become downers after acceptance for sale at the market, the operator shall provide needed equipment for
handling, moving, and if necessary, euthanizing animals; separate and separately pen the livestock from healthy
animals; and notify the Department [of Agriculture] that an animal has become a downer.
‐‐ At the close of a livestock sale, if any downers remain unsold, the market operator immediately shall euthanize
the livestock as provided under 9 CFR 313 or place them in the care of a licensed veterinarian.
‐‐ A person transporting downers from an auction market shall either 1) if transporting downers with healthy
animals, segregate them from the healthy animals, using a rigid barrier; or 2) transport downers in a separate
vehicle from that used for healthy animals.
Omitted Protections
‐‐
‐‐
‐‐
‐‐
No requirement that animals becoming nonambulatory at market be promptly euthanized or treated
No prohibition on transporting nonambulatory animals to slaughter
No prohibition on the dragging of conscious downed animals
No description of acceptable euthanasia methods
Grade
D
State
Massachusetts
Statute/Regulation
Guideline only (MA Dept of Agricultural Resources, “Biosecurity for Livestock Auctions”)
Definition of
Nonambulatory
No definition
Animals Covered
Cattle
Included Protections
‐‐ Segregate and refuse entry to any downer animal. Inform state/federal personnel of their arrival.
‐‐ Segregate any sick, injured or incompatible animal.
‐‐ Any animals that “go down” shall be humanely euthanized and/or be removed to a nearby slaughtering facility.
Omitted Protections
‐‐
‐‐
‐‐
‐‐
‐‐
Grade
D
No provision for unloading nonambulatory animals for purpose of euthanasia
No requirement that markets have written policies and equipment to handle nonambulatory animals
No prohibition on transporting nonambulatory animals to slaughter
No prohibition on the dragging of conscious downed animals
No description of acceptable euthanasia methods
AN I MAL WEL FAR E I NS TI TUTE - PAG E 8­­­­­­
State
New Jersey
Statute/Regulation
NJAC 2:8-2.6 (cattle), 2:8-6.6 (small ruminants), 2:8-7.6 (swine)
Definition of
Nonambulatory
As defined in 9 CFR 301.2
Animals Covered
Cattle, small ruminants, pigs
Included Protections
‐‐ Nonambulatory animals shall be separated from ambulatory animals.
‐‐ Nonambulatory animals shall not be dragged while conscious, except when necessary to provide life-saving
treatment or when unconscious.
‐‐ Disabled animals must be moved as safely as possible to avoid injury to the animal and handler.
‐‐ Nonambulatory animals shall be provided appropriate medical care if they can reasonably be expected to
survive and the owner chooses treatment.
‐‐ Nonambulatory animals shall not be transported to a livestock market.
‐‐ Proper medical care must be provided but nothing shall prohibit owners from providing medical care to their
own animals.
Omitted Protections
‐‐
‐‐
‐‐
‐‐
No provision for unloading nonambulatory animals for purpose of euthanasia
No requirement that markets have written policies and equipment to handle nonambulatory animals
No prohibition on transporting nonambulatory animals to slaughter
No description of acceptable euthanasia methods
Grade
C
State
Ohio
Statute/Regulation
OAC 901:12-4-01 – 12-4-04
Definition of
Nonambulatory
Unable to rise from a recumbent position or cannot walk
Animals Covered
Livestock
Included Protections
‐‐ Nonambulatory disabled livestock must be 1) cared for and provided feed and water; 2) provided necessary
treatment; 3) transported for treatment; 4) slaughtered on the farm using an acceptable method of euthanasia;
5) transported to an inspected slaughter plant (except cattle); or 6) euthanized using an acceptable method if
animal is in distress and condition is irreversible.
‐‐ Handling of nonambulatory disabled livestock must be done in a humane manner.
‐‐ If nonambulatory disabled livestock are at a non-terminal market or collection facility, and there is no option
for immediate sale, animal must either be released by authorization from the department or euthanized
(exceptions for fatigued pigs and calves unable to rise due to being tired or cold).
‐‐ Nonambulatory disabled livestock must not be loaded for transport to a non-terminal market or collection facility.
Omitted Protections
‐‐
‐‐
‐‐
‐‐
Grade
C
No provision for unloading nonambulatory animals for purpose of euthanasia
No requirement that markets have written policies and equipment to handle nonambulatory animals
No requirement that nonambulatory animals be segregated
No prohibition on transporting nonambulatory animals to slaughter (other than cattle)
AN I MAL WEL FAR E I NS TI TUTE - PAG E 9­­­­­­
State
Oregon
Statute/Regulation
ORS 167.310, ORS 167.351
Definition of
Nonambulatory
Unable to stand or walk unassisted
Animals Covered
Ratites, psittacines, horses, mules, jackasses, cattle, llamas, alpacas, sheep, goats, swine, domesticated fowl, and
any fur-bearing animal bred and maintained commercially or otherwise, within pens, cages and hutches
Included Protections
‐‐ “Minimum care” for a livestock animal that cannot walk or stand without assistance is (a) humane euthanasia;
or (b) the provision of immediate and ongoing care to restore the animal to an ambulatory state.
‐‐ A person commits the crime of trading in nonambulatory livestock if the person knowingly delivers or accepts
delivery of a nonambulatory animal at a livestock market. This does not apply to the delivery to, or acceptance
by, a licensed veterinarian for the purpose of humanely euthanizing or providing medical care to the animal.
Omitted Protections
‐‐
‐‐
‐‐
‐‐
Grade
C
State
Rhode Island
Statute/Regulation
Not codified in law or regulation. Requirements can be found within Livestock Welfare and Care Standards
adopted by Rhode Island’s Livestock Welfare & Care Standards Advisory Council.
Definition of
Nonambulatory
Unable to rise from a recumbent position or cannot walk
Animals Covered
Bovine, equine, caprine, ovine, camelid, swine, poultry, or other animal that is raised for production of food or fiber,
or is used for work, commerce, or exhibition
Included Protections
‐‐ Nonambulatory livestock must be:
·· cared for and provided feed and water;
·· provided necessary treatment;
·· transported for treatment;
·· slaughtered on the farm using an acceptable method of euthanasia;
·· transported to an inspected slaughter plant or a state custom exempt plant (except for cattle); or
·· euthanized using acceptable method of euthanasia if the animal is in distress and the condition is irreversible.
‐‐ Must not be loaded for transport to a non-terminal market or a collection facility.
‐‐ Responsible party must provide appropriate protection from other livestock predators and adverse weather
conditions.
Omitted Protections
‐‐
‐‐
‐‐
‐‐
Grade
C
No prohibition on transporting nonambulatory animals to slaughter
No requirement that nonambulatory animals be segregated
No prohibition on the dragging of conscious downed animals
No description of acceptable euthanasia methods
No provision for unloading nonambulatory animals for purpose of euthanasia (other than cattle)
No requirement that markets have written policies and equipment to handle nonambulatory animals
No prohibition on transporting nonambulatory animals to slaughter (other than cattle)
No prohibition on the dragging of conscious downed animals
AN I MAL WEL FAR E I NS T ITUTE - PAG E 10­­­­­­
State
Washington
Statute/Regulation
RCW 16.36.116, RCW 16.52.225
Definition of
Nonambulatory
Cannot rise from a recumbent position or cannot walk, including but not limited to those with broken
appendages, severed tendons or ligaments, nerve paralysis, a fractured vertebral column, or metabolic conditions
Animals Covered
Cattle, sheep, swine, goats, horses, mules, or other equine
Included Protections
‐‐ Any person who knowingly transports or accepts delivery of live nonambulatory livestock to, from, or between
any livestock market, feedlot, slaughtering facility, or similar facility that trades in livestock has committed a
civil infraction and shall be assessed a monetary penalty not to exceed one thousand dollars. The transport or
acceptance of each nonambulatory livestock animal is considered a separate and distinct violation.
‐‐ Livestock that was ambulatory prior to transport to a feedlot and becomes nonambulatory because of an injury
sustained during transport may be unloaded and placed in a separate pen for rehabilitation at the feedlot.
‐‐ Nonambulatory livestock must be humanely euthanized before transport to, from, or between locations listed
above.
Omitted Protections
‐‐
‐‐
‐‐
‐‐
‐‐
Grade
D
State
Wisconsin
Statute/Regulation
ATCP 12.08
Definition of
Nonambulatory
Any animal which is in a sitting or prone position and cannot move to a normal standing or upright position under
its own power, without application of inhumane stimulus
Animals Covered
Any animal
Included Protections
‐‐ A person who receives, transports, or handles downer animals shall register with the department, and shall
have adequate facilities and equipment for the humane transportation, handling and holding of the animals.
Adequate facilities and equipment include separate holding pens, skids, mats, and sling-type hoisting
equipment.
‐‐ Downer animals may not be dragged or pulled by the neck or other extremity, or subjected to any other
mistreatment or abuse. Downer animals shall be confined in separate holding pens and shall be segregated
from healthy animals when transported. A downer may not be held for more than 24 hours by any market
operator, animal dealer, or animal trucker before the downer animal is shipped to slaughter.
Omitted Protections
No provision for unloading nonambulatory animals for purpose of euthanasia
No requirement that markets have written policies and equipment to handle nonambulatory animals
No requirement that animals becoming nonambulatory at market be promptly euthanized or treated
No prohibition on the dragging of conscious downed animals
No description of acceptable euthanasia methods
‐‐ No prohibition on accepting nonambulatory animals for marketing
‐‐ No requirement that nonambulatory animals be promptly euthanized or treated
‐‐ No prohibition on transporting nonambulatory animals to slaughter
‐‐ No description of acceptable euthanasia methods
Grade
D
AN I MAL WEL FAR E I NS TI TUTE - PAG E 11­­­­­­